(2) The
following penalties may be imposed on an architect for unprofessional practice:

(a) Refusal of
to grant a license;

(b) Refusal to
renew or reissue a license;

(c) Private or
public reprimand;

(d) Imposition
of probation;

(e) Suspension
of a license;

(f) Revocation
of a license.

(3) The
procedure for imposing a penalty on an architect shall be conducted in
accordance with KRS Chapter 13B and 323.130.

Section 2. Gross
Incompetence and Gross Negligence Defined. The following acts or omissions by
an architect shall be deemed to be gross incompetence or gross negligence
within the meaning of the law:

(1) Willfully
failing to use reasonable care and diligence in his professional practice,
resulting in a building or structure being improperly constructed to the
detriment of the occupants.

(2) Willfully
failing to use reasonable care and diligence in preparing drawings,
specifications, and other documents relating to the design and construction of
buildings for the protection of a client in all relationships as agent of the
client.

Section 3.
Unprofessional Conduct Defined. The following acts by an architect shall be
deemed to be "unprofessional conduct":

(1) Accepting
compensation for architectural services from any entity other than his client
or employer.

(2) Offering or
making a payment or gift to a government official (whether elected or
appointed) with the intent to influence the official judgment in connection
with a prospective or existing project in which the architect has an interest
in providing architectural services.

(3)(a) Offering
or making a payment or gift, as an individual architect or as a participating
member of a partnership or corporation, to an elected governmental official,
candidate for governmental office, or the campaign of a candidate for
governmental office, when the payment or gift is a violation of federal or
state campaign finance laws or administrative regulations.

(b) Entering a
plea of guilty or an "Alford" plea to, or having been found guilty
of, or having been convicted of, a felony or misdemeanor involving the
violation of federal or state campaign finance laws, and the time for appeal
has lapsed or the judgment or conviction has been affirmed on appeal,
irrespective of an order granting probation following the conviction,
suspending imposition of sentence shall be conclusive proof of a violation of
this section, and a certified copy of the judgment or order shall constitute
sufficient proof of a violation.

(4) Offering or
making any gifts, except gifts of nominal value (including, for example,
reasonable entertainment and hospitality), with the intent to influence the
judgment of an existing or prospective client in connection with a project in
which the architect has an interest.

(5) Having a
financial interest in the manufacture, sale or installation of any component or
process used in a project for which he is the architect unless the client has
been advised and has waived any objection.

(6) Publicly
endorsing a product, system, or service, or permitting the use of his name or
photograph to imply endorsement of a product, system, or service not designed
or developed by him; or

(7)(a) Using
paid advertising on behalf of himself, his partner, associate, or any other
architect affiliated with him or his firm, that contains a statement or claim
which is false or tends to be misleading, deceptive, or unfair, or which makes
material claims of superiority which cannot be substantiated rather than being
designed to inform the public.

(b) Advertising
may include the name of the architect or firm, address, telephone number, a
statement of the fields of practice, and a statement of the geographical area
where services are rendered, and cost of services.

(c) An architect
or architectural firm which advertises a fee for a specific service and accepts
employment for that service shall perform for the amount stated, and a
statement to that effect shall be included in every advertisement.

(d)
Advertisements may be by newspaper or magazine advertisements, radio or
television announcements, or display advertisements in the city or telephone
directories.

Section 4.
Fraudulent or Dishonest Practice Defined. The following practices by an
architect shall be deemed to be "fraudulent or dishonest practice"
within the meaning of the law:

(1) Making an
untrue or deceitful statement in an application for examination or
registration, or in an application for license renewal or in any other
statements or representations to the board.

(2) Affixing his
seal to a drawing:

(a) For which he
was not:

1. The author;
or

2. In charge of
preparing the plan; or

(b) Which was
not prepared under his supervision.

(3) Bribing a
person who may influence the selection of an architect.

(4) Willfully
misleading or defrauding a person employing him as an architect.

(5) Willful
violation of:

(a) A Kentucky
or other state law relating to the practice of architecture; or

(b) An
administrative regulation promulgated by the board.

(6) Using, or
attempting to use, or practicing under, a license that has been suspended or
revoked or which has not been renewed as required by law and the administrative
regulations of the board.

Section 5.
Registration while Working for Others. (1) Without affecting the status of his
registration, an architect may as an employee of:

(a) Another
architect; or

(b) A firm, if
his duties are nonarchitectural.

(2) If an
architect works as an architect for or with a nonarchitect or corporation not
under the control of architects:

(a) He shall
maintain:

1. Free and
unbiased judgment;

2. Unrestrained
use of his professional prerogatives and services to clients; and

(b) The terms of
his employment shall permit full compliance with the: